We are a third-party service provider and our customers are businesses that use the Omny Services to deliver audio content and advertising content on websites and apps.
Commitment to protecting privacy
Privacy concerns are important to us. It is Omny's policy to comply with the Australian Privacy Principles (Principles), as set out in the Privacy Act 1988 (Cth) (Privacy Act) and all applicable data protection and privacy laws and we take our data protection and privacy responsibilities seriously.
Types of information collected
When you use our services, we collect information about you, including personal information. Personal information is information that may be used to readily identify or contact you as an individual person, such as: your name, date of birth, gender, current and previous addresses, telephone or mobile numbers, email addresses, user names, and geographic information.
We only collect personal information that is necessary for the function and activities of our business. For example, to access our paid or subscription services, we may require you to provide credit card or other payment information. We may also ask you to provide your username and password for third party websites or services in order to provide access to articles and information published on such sites.
When you visit our website, our server attaches a small data file called a "cookie" to your computer’s memory.
In addition to the information that you provide to us when you use our services, we collect information about the URLs, titles and content of the web pages and other information you access through the Omny Services. The types of passive information we collect include your Internet Service Provider, IP address, browser type, device type, settings, time zone, language, and other information related to the manner in which you access the Omny Services.
We also collect information about your use of the Omny Services, such as what you have read or viewed, which device you used to have access content, and what you choose to share with others.
Purpose of collection
For information collected by our audio management platform located at omnystudio.com, some of the specific purposes for which we use the information we collect about you (including personal information to the extent applicable) include to:
For information collected by our audio content servers, players and apps powered by Omny Services located at omny.fm, some of the specific purposes for which we use the information we collect about you (including personal information to the extent applicable) include to:
Legitimate basis for collection
We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:
If you would like to find out more about the legal basis for which we process personal information please contact us.
Consequences of not providing information
If you choose not to supply certain personal information, we may not be able to provide you with the level of service or the services you require.
Use of aggregated data
We also may use the information we collect about you in an aggregate form. Aggregate data is information (originally personally identifiable or non-personally identifiable) that subsequently is used in aggregate form.
Although aggregate data may be based in part on personally identifiable information about you, it does not identify you personally. We may use aggregate data we collect in order to conduct analysis or research, such as research about customer demographics, internet use, and interests and behaviour. We may share this type of aggregate data with a variety of third parties, including our affiliates, advertisers and other current and prospective business partners. As this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.
Aggregate data may also be used for website administration, advertising, and promotional purposes, and we may share this information with various affiliated and unaffiliated entities. We may also enter into agreements with outside companies that possess the technology that allows us to customise the advertising and marketing messages you receive while using the Omny services. Your non-personally identifiable information and clickstream data about your activities may be shared with these companies so this customisation can be accomplished. Our agreement with these companies restricts them from sharing your information with third parties or using it for any other purpose. Clickstream and demographic information may also be shared with our advertisers and business partners.
Omny may provide targeted advertisements based on information about you, such as your interests. Omny does not provide any personally identifiable information to the advertiser when you interact with or view a targeted ad, although advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria.
Disclosure/sharing of information
We may disclose/share your information to third parties who provide services to us, including organisations and contractors that assist us with the purposes for which we use your information. These services include:
We may also disclose/share your information:
Protection and transmission of data
Omny hosts data with hosting service providers in numerous locations including the United States, Europe and Australia. We may disclose your information to our hosting service providers or any other service providers in those countries or any other country in which we may conduct our business from time to time. If you're located in the European Union (including the UK), your personal information may be transferred and stored in countries outside the European Union, including to the United States and Australia, that are subject to different standards of data protection.
We will take reasonable steps to ensure that transfers of personal information are in accordance with applicable law and where we receive requests for information from law enforcement or regulators.
We will ensure that all reasonable steps are taken to protect all personal information from misuse, interference, loss and unauthorised access, modification and disclosure, including through ensuring that third parties have agreed to confidentiality restrictions and use any personal information that we share them or which they collect on our behalf solely for the purpose of providing the contracted service to us. Although we seek to engage external service providers who also comply with these requirements, no security system is impenetrable and we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others. Accordingly, and to the extent permitted by law, we do not accept responsibility for the misuse of personal information while stored on our systems or otherwise in our care or in the care of our external service providers.
We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information appropriate to the nature of the information concerned. Measures we take include:
As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect User IDs and passwords, please take appropriate measures to protect this information.
In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings. We do not process, store or host any personal information on an indefinite basis.
We may use personal information to let you know about our products and services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
To protect your privacy rights and to ensure you have control over how we manage marketing with you:
We recommend you routinely review the privacy notices and preference settings that are available to you on any social media platforms as well as your preferences within your account with us.
If you are located in the European Union (including the UK), we can confirm that we do not carry out any profiling or other automated decision making on your use of the Omny Services. 'Profiling' means the use of automated processes without human intervention (such as computer programmes) to analyse personal information in order to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Third party analytics
Access to information
You can access and amend some of the information we keep about you through your account settings.
We reserve the right to refuse access to your personal information if providing access would be unlawful or would have an unreasonable impact upon the privacy of other individuals. We also reserve the right to charge you any reasonable costs associated with accessing your personal information such as photocopying or postage costs.
If you have subscribed to any of our newsletters or subscriptions, or are receiving promotional communications, and no longer wish to receive such communications, you may opt out of receiving them at any time by clicking the “unsubscribe” button on any email communications that we send you or by contacting us at the details set out below.
If you are located in the European Union (including the UK), then subject to certain exemptions and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information.
If you wish to access any of the below mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Right to access personal information
You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of; (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
Right to rectify or erase personal information
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
You can also request that we erase your personal information in limited circumstances where:
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:
Right to restrict the processing of your personal information
You can ask us to restrict (i.e. keep but not use) your personal information, but only where:
We can continue to use your personal information following a request for restriction, where:
Right to transfer your personal information
You can ask us to provide your personal information to you in a structured, commonly used, machine readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
Right to object to the processing of your personal information
You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.
If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to object to how we use your personal information for direct marketing purposes
You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union. We may redact data transfer agreements to protect commercial terms.
Right to lodge a complaint with your local supervisory authority
You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. In the UK, the supervisory authority for data protection is the ICO.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
Disposal of information
We will take reasonable steps to destroy or de-identify personal information if it is no longer needed for any purpose for which it may be used or disclosed or if we are no longer required to retain the information at law.
Complaints about an interference with privacy
Attn: Compliance Officer
Level 24, 570 Bourke Street
Melbourne, Victoria 3000
If you still remain unsatisfied with the way a privacy issue has been handled, you can lodge a complaint or contact the below offices for guidance on alternative courses action which may be available.
If you are located in:
ANNEX - Legal Basis for use of personal information
|Activity||Type of information collected||The basis on which we use the information||Who we may disclose the information to||Location of recipients|
|Accessing the Omny Services for audio management||
|Accessing audio content using players or apps||
|Administer user accounts and manage relationships||
|Provide assistance and support||
|Marketing / Advertising purposes||
|Comply with legal and regulatory obligations||
|Sale, reorganisation or restructure of Omny||